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PEOPLE EX REL. MARSHALL v. CYRTA

29 A.D.2d 542 (1967)

The People of the State of New York ex rel. Robert R. Marshall, Appellant, v. Charles C. Cyrta, as Warden of The County Jail of Suffolk County, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 4, 1967

No opinion.

Brennan and Hopkins, JJ., dissent and vote to reverse the judgment and remand relator to the County Court, Suffolk County, for rearraignment and repleading, on the basis of their dissent in People ex rel. Gallagher v. Follette (27 A.D.2d 664) and People ex rel. Butler v. Fay (27 A.D.2d 663

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